Orange County NC Website
<br />ANI RRG E32 01 17 Page 1 of 10 <br /> <br /> <br /> <br /> <br />SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM <br /> <br />Throughout this policy the words “you” and “your” refer to the Named Insured shown in the Declarations and any <br />other person or organization qualifying as a Named Insured under this policy. The words “we”, “us” and “our” <br />refer to the Company providing this insurance. <br /> <br />SECTION I – COVERAGES <br /> <br />1. INSURING AGREEMENT <br />a. We will pay those sums that an insured becomes legally obligated to pay as “damages” which <br />arise out of an act, error or omission committed in the performance of a “professional service” by you or <br />by any other person for whose act, error or omission you are legally responsible. The act, error or <br />omission must be committed in your business as a social service agency. We will have the right and duty <br />to defend any “suit” seeking those “damages.” We may at our discretion investigate any claim or “suit” <br />that may result. But: <br /> <br />(1) The amount we will pay for “damages” is limited as described in Section IV – Limits Of Insurance; and <br /> <br />(2) Our right and duty to defend end when we have exhausted the applicable limit of insurance in the <br />payment of “damages.” <br /> <br />b. This insurance applies only to an act, error or omission in the performance of a “professional <br />service” that takes place in the “coverage territory” and which “professional service” is committed during <br />the time that this Coverage Form is in effect. <br /> <br />2. EXCLUSIONS <br />This insurance does not apply to: <br />a. Expected Or Intended Injury <br />Any “damages” expected or intended from the standpoint of an insured. <br /> <br />b. Contractual Liability <br />Liability arising out of any delay or failure by an insured or anyone acting on an insured’s behalf to <br />perform a contract or agreement in accordance with its terms or for which the insured is obligated <br />to pay “damages” by reason of the assumption of liability in a contract or agreement. This <br />exclusion does not apply to liability for “damages”: <br />(1) That the insured would have in the absence of the contract or agreement; or <br />(2) Assumed in a contract or agreement that is an “insured contract”, provided that the <br />act, error or omission which constitutes a “professional service” is committed subsequent <br />to the execution of the contract or agreement. Solely for the purpose of liability assumed <br />in an “insured contract,” reasonable attorneys’ fees and necessary litigation expenses <br />incurred by or for a party other than an insured are deemed to be “damages” which are <br />subject to this Coverage Form, provided: <br />(a) Liability to such party for, or for the cost of, that party’s defense has also <br />been assumed in the same “insured contract”; and <br />(b) Such attorneys’ fees and litigation expenses are for defense of that party <br />against a civil or alternative dispute resolution proceeding in which “damages” to <br />which this insurance applies are alleged. <br />DocuSign Envelope ID: 81A61471-345A-47F9-8A2D-36F7929A6637